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Being involved in a road traffic accident that was not your fault can be frustrating enough; but being involved in an accident where the negligent party fled the scene or did not have any insurance is a further point of anger.

At The Injury Lawyers, we are able to offer some light at the end of the tunnel to people who have been in an accident as described above. Many clients often believe that they are not able to claim if they do not know any of the negligent driver’s details due to them fleeing the scene or not having insurance; however, we are often happy to inform them that they can still make a successful claim.

Claims such as those described above can be put through The Motor Insurers Bureau, or MIB as they are more informally known. The MIB are funded by motor insurance companies – so ultimately, they are funded by our motor insurance premiums. The MIB have calculated the cost to us to be around £15-£30 per motor insurance policy.
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Third party capture is where a third party insurer settles a person’s claim for compensation against their policyholder directly with them.  In other words, it is where an insurance company representing the person who caused a victim’s injuries gets in touch with the injured party who has no legal representative and settles their claim for compensation.  In most instances of third party capture, the injured party, the claimant, will have been involved in a road traffic accident – however, it could also occur say where the claimant has been involved in an accident at work or some other accident.

Why is this a problem?

The worry is that the injured party will not receive a settlement that is properly representative of their injuries and need for treatment.  It is likely that the insurer will under-settle your claim for compensation and not help you out sufficiently should you require any treatment for your injuries.
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Motorcycle accidents are unfortunately a common occurrence nowadays; this may be due to the vulnerable nature of the vehicle, and the fact that it is more difficult to see on the road in comparison to a car or a van.

Again, due to the size, vulnerability, and speed of the vehicle, drivers are often left with serious injuries after an accident. If you have been involved in an accident that was not your fault, you may have a claim for personal injury. If you have suffered serious injuries then it can mean that your claim is more complex and make take longer to conclude – this is why getting a specialist personal injury lawyer on board with specific experience in serious injury claims can be hugely beneficial.

As complex cases can take longer to conclude, it means that it can take longer for the victim to receive their payout. For many claimants who may be out of work as a result of the accident, and thus not receiving an income, this can mean financial hardship and an inability to meet your current financial obligations. If you were to be in this position, a good lawyer should advise you to seek interim payments. These can be applied for once liability, or fault, has been admitted on your claim, and means that you receive portions of your compensation early before the case has concluded. Statistics show that it is mainly males between the ages of 30-39 that ride motorbikes. This is a portion of the population that are likely to be coming towards the peak of their careers and are supporting young families – this emphasises the importance of interim payments and how vital they can be to an injured victim.
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Repetitive Strain Injury, or RSI, is a common problem nowadays that can not only affect those in manual jobs, but also the thousands of office based workers who are sat in the same position day in day out typing away on their computers.

Any form of repetitive tasks can cause an RSI, of which there are two common types:

Type 1: This is where your injury can be given an accurate diagnosis by a medical professional – a diagnosis such as Tendonitis, which is the inflammation of tendons.
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When people call us up to see if they can make a claim for compensation for the injuries they have suffered at the hands of a negligent third party, apart from wanting to know how much their claim is worth, they generally want to know what happens.  In other words, they want to know each stage of the claim.  I have therefore compiled this quick guide to the compensation claiming process:

Step 1: Letter of Claim

In almost every claim for compensation, except for those where you have been injured in what is considered to be a low value road traffic accident, your lawyers will need to submit a Letter of Claim to the other side.  The Letter of Claim is a straightforward letter which outlines the details of your accident, your injuries, and particularises why we believe the Defendant is at fault and should compensate you for your injuries. 
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I feel that there may be many blameless victims of accidents sat out there thinking that claiming for compensation is more hassle than it is worth. I am writing this blog to hopefully change this view and inform you of the benefits of bringing a claim, as they may go farther than you might think…

Compensation

The most obvious reason why people begin claims for personal injury is for compensation for their injuries.  This compensation is meant to reflect the severity of the injury, the length of time the person has suffered, and the effects the injury has had on all areas of a person’s life.

Compensation is meant to put you back in the position you would have been in had the accident never have happened. Therefore, you are also entitled to claim back any financial losses you have suffered as a result of the accident. More common types of losses can include a loss of earnings, or the cost of medical treatment.
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A hot topic in the news recently has been the issue of referral fees highlighted by Jack Straw – the issue of insurers selling their customer’s information to law firms for profit.  Now, you may be thinking – what has this got to do with the amount of compensation I will get for my whiplash claim? Well, if you read on, you’ll see that it may have everything to do with it!

Relevance…

If you haven’t caught this latest news, I will give you a brief outline:

A constituent of Jack Straw had an accident and was subsequently bombarded with texts and calls for offers to take his claim on. Upon being notified of this, Jack Straw made a bid to find out how these various companies got his constituent’s personal information, including his mobile number. Jack Straw met with two major insurance companies who admitted to selling their customer’s information for profit. This has created much controversy, and has been reported in newspapers as a ‘racket’ and even against the spirit of data protection.
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Did you know that if you have been involved in an accident that was not your fault, you may be entitled to compensation? I would say that most of you are aware of this, given that there has been a lot of advertising on this matter in recent times.  However, are you aware that the compensation that you could be awarded does not solely relate to the injuries you have suffered? I would hazard a guess that most are probably unaware of this.  The reality is that if you have been involved in an accident that was not your fault, you are entitled to make a claim for compensation that covers ALL of your losses. 

What do I mean by all of your losses? 

Well, here is a very quick example – if you have had to take time off work because of your accident, it may be that you have only been paid statutory sick pay, and that you have lost out on a certain amount of wages. Well, your lawyers can make a claim for this loss of earnings to make sure that you are put back in the position you would have been in had the accident not have occurred.  So, what exactly can a claim for compensation incorporate?  Here is a quick guide:
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If you are reading this blog, you may have been involved in a road traffic accident, and are suffering the effects of whiplash. If you are keeping up with the latest news, then you may also be expecting to get some calls and texts from law firms or referral agencies saying that they would like to take on your claim.

I say this as this is what happened to one of Jack Straw’s constituents after he had suffered an accident.  It was subsequently found that insurers actually sell on the information of their customers who have been involved in accidents. We of course have known about this practice for years. The good news is that it’s now more out in the open!

Law firms can pay up to £800, or even £1000, as it was reported in the Telegraph, for a claim. So if a law firm has paid so much for your claim, the profits they stand to make from the claim are greatly reduced. In order to redress the balance, it can then mean that they reduce the amount of time they spend on your claim, and therefore give you a poorer service. This in turn could impact on the amount of compensation you receive if they are not willing to fight tooth and nail to negotiate you the highest amount possible.
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If you have been involved in an accident where you have sustained an injury through no fault of your own, you may well be entitled to compensation.  For example, if you have been involved in a road traffic accident whereby a negligent third party driver has gone in to the rear of your vehicle, and you have sustained whiplash, in all likelihood you will be entitled to compensation for your injuries.

Although you may not be aware that you are entitled to compensation, there is no doubt about it that the other side’s insurers are fully aware of your position.  As such, they may somewhat, out of the blue, get in touch with you and offer to settle your claim with you direct.  They may offer you £250, £500, or maybe even £750.  At first instance, this may seem attractive; after all, you were not expecting any compensation, and you think that the offer sounds great.  But please take a step back for a minute.  Should you not look into how much your injury is actually worth? Why not get in touch with a quality injury lawyer who may inform you that, actually, your whiplash injury is worth over £1,000?

The process where the other side gets in touch with you and settles your claim directly with you is called ‘third party capture’.  This is because the other side have settled your claim for compensation in full and final settlement and you cannot go back and ask for more if your injuries have worsened, and you have not recovered.  That is it – your claim is finished.  At The Injury Lawyers, we have people ringing up each week asking us about their potential claim for compensation, only for us to have to break the bad news that they have under-settled their claim, and that there is nothing we can do about it.  What we ask is that if you receive an offer for compensation, you ask yourself why they are making this offer, and where they came up with the amount.  Are they doing it out of the kindness of their heart, and because they care about your suffering? Or are they doing it because they know that if they can get you to accept their offer, they have saved hundreds, if not, thousands, of pounds in not paying the true amount of compensation they would have had to have paid you with an expert injury lawyer on your side.  I believe the latter is the most likely.
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